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Judgment
D. Hariparanthaman, J.—The Petitioner joined service on 20.09.1965 as Secondary Grade Assistant and retired from service on
30.04.1997 after rendering 32 years of service. According to the Petitioner, on completion of 30 years of service, the Government ought to have
granted stagnation increment as per G.O. Ms. No. 241, Finance Department, dated 01.04.1981. The grievance of the Petitioner is that the
stagnation increment was not granted as per G.O. Ms. No. 241. Therefore, he filed O.A. No. 4543 of 2000 (W.P. No. 43975/2006) praying for
a direction to the Respondents to pay the stagnation increment with effect from 20.09.1995 on completion of 30 years of service.
The first Respondent filed counter affidavit to delete the 1st Respondent as he is not a necessary party to this petition and the original application
(writ petition)has to be dismissed as against the first Respondent.
In this case, the Petitioner has retired in the year 1997. After retirement, issue relating the pension ought to be settled with the concurrence of the
first Respondent. If the Petitioner is entitled to stagnation increment, the pension and other retirement benefits will also have to be revised.
In these circumstances, I am of the view that the first Respondent is also a necessary party. In the facts and circumstances of the case, a
direction is issued to the Respondent Nos. 1 & 2 to consider the Petitioner''s claim for stagnation increment on completion of 30 years of service,
as per G.O. Ms. No. 241, Finance (Pay Cell) Department, dated 01.04.1981 and pass an appropriate order within a period of 6 weeks from
today. If the Petitioner is entitled to stagnation increment, the Respondents are directed to pay the arrears within a period of 4 weeks thereafter
and the Respondents are further directed to revise the terminal benefits also and pay arrears thereon, with the arrears of stagnation increment.
Accordingly, the writ petition is disposed of. No costs.